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How a claim against USPS works
Mail trucks are federal vehicles, and most of the people driving them are federal employees. When one of them causes a crash while working, the claim falls under the Federal Tort Claims Act. It starts as a written administrative claim to the Postal Service, and a lawsuit comes later if needed. Many people use Standard Form 95, which asks what happened, where and when, the injuries and damage, and the amount you are claiming.
The agency then reviews the claim. You may file a lawsuit only after the agency denies it or six months pass without a final decision. That waiting period is part of the law, so a claim sent late in the two-year window can push any lawsuit far down the road. A complete claim sent early, with records and bills attached, gives you more room and fewer surprises.
The deadline to watch
The administrative claim must be presented to the agency within two years. Do not wait until the last few weeks. Send the claim in a way that gives you proof of delivery, and keep a copy of every page you send, along with the date it went out and any reply you get back from the Postal Service.
You may have heard that California gives two years to file an injury lawsuit under Code of Civil Procedure 335.1. That is the general rule for a lawsuit against another driver. A claim against a federal employee driving for work follows the federal steps above, so treat the USPS claim as its own deadline and do not count on the state timeline to protect you.
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When the driver may not be a federal employee
Not every truck carrying mail is driven by a postal employee. Some routes and long hauls can be run by private companies under contract, and their trucks may look different from the familiar white mail truck. Whether the driver was a federal employee driving within the job matters, because that is what brings a claim under the Federal Tort Claims Act.
If the driver worked for a private company hauling mail, the claim may run against that company and its insurer instead. In California, an employer is generally liable for an employee who causes a crash while driving on the job, under respondeat superior. The police report, the truck’s markings and the driver’s ID help sort this out. A lawyer can check which path fits before time runs short.
What to do now
Get medical care right away and tell the doctor about every symptom, even ones that seem small. Take photos of the vehicles, any number painted on the mail truck, the street and your injuries. Get the names and phone numbers of witnesses. Ask the officer for the report number, and write down the postal driver’s name and the post office they work from if you can.
Keep every bill, receipt and pay stub that shows missed work. Do not sign a release or give a recorded statement about the crash before you talk with a lawyer. Let your own insurer know about the crash and stick to the basic facts. If you were driving and the crash caused an injury or more than $1,000 in damage, California requires an SR-1 report to the DMV within 10 days.
How Beverly Law can help
We can prepare and present the federal claim, gather the police report and your medical records, and track the six-month review period so the next step can happen as soon as the law allows. You owe no fees or costs unless we win. Call (310) 552-6959 or use the form on this page to talk with our team about your crash.
Each kind of vehicle has its own path, and the first job is to figure out who owned it and who employed the driver. If a different kind of public vehicle hit you, read what to do when a city or county vehicle hits you and how the six-month claim works. For crashes with private delivery trucks, see FedEx truck accidents and UPS truck accidents, or browse all accident questions.
Common questions
How long do I have to file a claim against USPS?
The administrative claim must be presented to the Postal Service within two years under the Federal Tort Claims Act. A lawsuit can come only after the agency denies the claim or six months pass with no decision. Start early, since gathering medical records and bills takes time.
Can I sue the Postal Service right away?
No. The law requires you to present an administrative claim to the agency first. You can file a lawsuit only after USPS denies it or six months go by without a final decision. That is why the written claim is the first step in every USPS crash case.
What is Standard Form 95?
It is the federal form many people use to present an injury or property claim to a federal agency such as USPS. It asks what happened, where and when, the injuries and damage, and the amount claimed. Fill it out carefully, since gaps and mistakes can slow the review.
What if a mail contractor’s truck hit me?
If the driver worked for a private company carrying mail, the federal claim rules may not apply. The claim may go to that company and its insurer, since an employer is generally liable for a driver on the job. A lawyer can check who employed the driver and which deadline applies.
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If you were hurt in a car or truck crash in California and Washington, talk to a personal injury attorney. Free, confidential, English or Spanish. You owe no fees or costs unless we win.
Related pages
Amazon Delivery Van Accident · Amazon Truck Accident in California · Do Amazon Delivery Vans Have Cameras? · FedEx Truck Accident · UPS Truck Accident · All car and truck accident questions
Sources
Important: This page is general information about California and Washington law, not legal advice, and reading it does not create an attorney-client relationship. Every case is different; talk to a lawyer about yours. Last reviewed: November 5, 2026.